Supreme Court Justice P.S. Narasimha has issued a cautionary statement regarding the politicization of India's "fourth branch" institutions, emphasizing that bodies such as the Election Commission and the Comptroller and Auditor General (CAG) must not become retirement havens for former civil servants and judges. Speaking at the Justice E.S. Venkataramiah Centennial Memorial Lecture in Bengaluru, he underscored the critical role these institutions play in maintaining democratic governance and called for their reinvigoration to meet contemporary challenges.
Justice Narasimha highlighted the foresight of India's Constitution-makers in establishing independent bodies like the Election Commission to oversee elections, thereby ensuring a separation from executive influence. He noted the evolution of the Commission from a single-member body to a three-member panel, a change upheld by the Supreme Court despite concerns about potential delays in decision-making. "Today, we have an Election Commission which has plurality of thought, which I believe is any day better than an individual taking decisions all by himself," he stated, emphasizing the importance of collective decision-making in safeguarding the electoral process.
Addressing the role of the CAG, Justice Narasimha described it as a "rear-view mirror" for financial irregularities, serving as a critical link between political executives and public accountability. He asserted that the CAG's work in creating transparency and exposing corruption, inefficiencies, and wastage in government spending enables corrective measures to be taken, thereby upholding the integrity of public finances.
Justice Narasimha also expressed concerns about the challenges facing public service commissions, which are responsible for recruiting individuals of integrity and vision for government service. He lamented the growing litigation surrounding service disputes and called for a renewed focus on the constitutional principle that public service must serve the interests of the state rather than becoming an end in itself. "This position has given rise to enormous litigation on small issues leading to disputes of seniority, promotion, transfers, regularisation, etc. I think it is high time that the Public Service Commissions reflect on this disconnect or imbalance and ensure that bureaucracy in modern India draws the best of the talent, people of integrity and vision that can be an example to emulate by anyone across the globe," he added.
He shed light on the importance of commissions like the National Commissions for Scheduled Castes, Scheduled Tribes, and Backward Classes in achieving social equality. He called for these bodies to adopt a more vibrant and proactive approach to eliminate caste and community prejudices, fulfilling the vision of B.R. Ambedkar.
Justice Narasimha identified six reasons for the underperformance of fourth branch institutions: capacity failures, infrastructural deficits, lack of autonomy, enforcement failures, political interference, and overlapping mandates. He urged greater investment in their capacity, autonomy, and accountability to ensure they can withstand political tribulations, hold power-wielding officials accountable, and ensure a smooth democratic process.
Reflecting on the legacy of Justice E.S. Venkataramiah, whom he described as a "judicial statesman," Justice Narasimha highlighted his pioneering efforts in legal aid and education. He noted that Justice Venkataramiah firmly believed in securing relief to litigants as early as possible, a belief he translated into reality as the secretary of a Legal Aid Society in 1948—long before legal aid or even the Constitution was in vogue.